HomeMy WebLinkAbout100-05ity of
eriarMi r POLICY & PROCEDURE
Subject: Index: Administration
Public Records Act
Number: 10 - 5
Effective Date: Supersedes: Page: Staff Contact: Approved y:
9/15/2018 4/20/2015 1 of 10 Jason A. Seth
1.0 PURPOSE:
Public Records Act:The purpose of the Public Records Act is to provide the public with full
access to information concerning the conduct of government while being mindful of
individuals' rights to privacy and the goal of efficient administration of government. The
Public Records Act provides a statutory framework to administer access to public records.
2.0 ORGANIZATIONS AFFECTED:
All City of Renton employees, officials, and volunteers, and all City of Renton records,
regardless of format.
3.0 REFERENCES:
RCW 40.14 Preservation & Destruction of Public Records
RCW 42.56 Public Records Act
WAC 44-14 Public Records Act—Model Rules
4.0 POLICY:
The purpose of establishing the following policy and procedure is to provide a standard
by which City staff will review and respond to requests for public records within the
guidelines provided by the Public Records Act of Washington State. The information
contained in this document is designed to aid both those requesting public records and
those responding to the records requests. The policy and procedure should assist in
guiding expectations of requestors and providing notice of a mechanism to appeal a
records decision if necessary.
The City shall provide for inspection and copying of requested public records as provided
in this policy and procedure, unless such records are exempt from disclosure under RCW
42.56 or other law under which disclosure in regulated. City staff shall provide assistance
to requestors in obtaining the public records being sought.
Public Records Act
p. 2
5.0 DEFINITIONS:
5.1 Public Records Officer: The City Clerk, or designee, is the designated Public
Records Officer (PRO). In the absence of the City Clerk, a Deputy City Clerk may
act in his/her place. The City's PRO will oversee compliance with the Public
Records Act and its procedures. The PRO may delegate the responsibilities of
processing requests to other staff. Departments may also designate records
coordinators within each department to facilitate access to public records within
that department, so long as each coordinator is identified to the PRO.
5.2 City Attorney: The City Attorney's Office shall provide legal advice to the PRO or
designee on those occasions such advice is sought.
5.3 City Staff: City staff will provide assistance to requestors by ensuring the public
records are protected from damage or disorganization to prevent fulfilling public
records request from causing excessive interference with the essential functions
of the City of Renton. City staff will not directly send responsive records to the
requestor. City staff will compile the public records for review by the City Clerk's
Office.
5.4 Requestors (General Public): While requestors are not required to specifically
name the Public Records Act when making a request, they must give reasonable
notice that the request is being made pursuant to the act. Requestors must
request identifiable records or classes of records that the City can reasonably
locate even though they are not required to specifically state the exact record
sought. The City Clerk, or designee, may seek clarification from the requestor in
the event the request is unclear.
While City employees are more than welcome to make public records requests,
they must do so as a private individual. City time and resources may not be used
to initiate the public records request.
5.5 Public Record Defined: As defined in RCW 40.14.100 "...The term "public records"
shall include paper, correspondence, completed form, bound record book,
photograph, film, sound recording, map drawing, machine-readable material,
compact disc meeting current industry ISC) specifications, or other document
regardless of physical form or characteristics, and including such copies thereof,
that have been made or received by any agency of the State of Washington in
connection with the transaction of public business..."
RCW 42.56.020 defines a public record as "...any writing containing information
relating to the conduct of government or the performance of any governmental
or proprietary function prepared, owned, used or retained by any state or local
agency regardless of physical form or characteristics..."
Public Records Act
p. 2
5.0 DEFINITIONS:
5.1 Public Records Officer: The City Clerk, or designee, is the designated Public
Records Officer (PRO). In the absence of the City Clerk, a Deputy City Clerk may
act in his/her place. The City's PRO will oversee compliance with the Public
Records Act and its procedures. The PRO may delegate the responsibilities of
processing requests to other staff. Departments may also designate records
coordinators within each department to facilitate access to public records within
that department, so long as each coordinator is identified to the PRO.
5.2 City Attorney: The City Attorney's Office shall provide legal advice to the PRO or
designee on those occasions such advice is sought.
5.3 City Staff: City staff will provide assistance to requestors by ensuring the public
records are protected from damage or disorganization to prevent fulfilling public
records request from causing excessive interference with the essential functions
of the City of Renton. City staff will not directly send responsive records to the
requestor. City staff will compile the public records for review by the City Clerk's
Office.
5.4 Requestors (General Public): While requestors are not required to specifically
name the Public Records Act when making a request, they must give reasonable
notice that the request is being made pursuant to the act. Requestors must
request identifiable records or classes of records that the City can reasonably
locate even though they are not required to specifically state the exact record
sought. The City Clerk, or designee, may seek clarification from the requestor in
the event the request is unclear.
While City employees are more than welcome to make public records requests,
they must do so as a private individual. City time and resources may not be used
to initiate the public records request.
5.5 Public Record Defined: As defined in RCW 40.14.100 "...The term "public records"
shall include paper, correspondence, completed form, bound record book,
photograph, film, sound recording, map drawing, machine-readable material,
compact disc meeting current industry ISO specifications, or other document
regardless of physical form or characteristics, and including such copies thereof,
that have been made or received by any agency of the State of Washington in
connection with the transaction of public business..."
RCW 42.56.020 defines a public record as "...any writing containing information
relating to the conduct of government or the performance of any governmental
or proprietary function prepared, owned, used or retained by any state or local
agency regardless of physical form or characteristics..."
Public Records Act
P. 3
If there is a conflict in the two definitions, the City, subject to legal review, will
apply the broadest definition.
5.6 Email: Electronic mail (email) is an informational transfer system which uses
computers for sending and receiving messages. Email messages are public records
when they are prepared, owned, used, or retained by the City and relate to the
conduct of government or performance of any governmental proprietary
function. Public records are public records regardless of where they are stored.
5.7 Writing: RCW 42.56.020 states: "Writing means handwriting, typewriting,
printing, photo stating, photographing, and every other means of recording any
form of communication or representation including, but not limited to, letters,
words, pictures,sounds,or symbols,or combination thereof,and all papers, maps,
magnetic or paper tapes, photographic films and prints, motion picture, film and
video recordings, magnetic punch cards,discs, drums, diskettes,sound recordings,
and other documents including existing data compilations from which information
may be obtained or translated."
6.0 PROCEDURES:
The City of Renton is a Washington municipal corporation that provides a full range of
traditional municipal services to its citizens through various departments. City Hall, the
central office, is located at 1055 S. Grady Way, Renton, WA 98057.
6.1 Making a public Records Request:
All public records requestors are encouraged to send requests to the Public
Records Officer at the City Clerk's Office.
Request forms are available online at the City Clerk's webpage of the City's
website.
The City's most efficient means of intake for public records requests would be
through email at cityclerkrecords@rentonwa.gov, The City also receives requests
via fax at (425) 430-6516 or mail to be delivered at:
City Clerk
City of Renton
1055 S. Grady Way—7th Floor
Renton, WA 98057-3232
Hours: Monday through Friday, 8 a.m. to 5 p.m., excluding state and federal
holidays.
If it is not possible to send the request to the Public Records Officer, any City
department may receive the records request.
Public Records Act
p.4
A requestor is not required to state the purpose of the request. However, in
instances where additional information is required by law or in an effort to clarify
or prioritize a request and provide responsive records, the public records officer
or designee may inquire about the nature or scope of the request.
6.2 Processing Public Records Requests:
The Public Records Officer,or designee,will process requests in the order allowing
the most requests to be processed in the most efficient manner.
Within five business days of receipt of the request(day one is the first working day
after the request is received), the Public Records Officer, or designee, will
acknowledge receipt of the request and do one or more of the following:
a) Make the records available for inspection or copying; or
b) Identify an internet location where the record can be accessed. Requestors
who cannot access the internet may be provided hard copies or access to
a City computer to inspect the record; or
c) If copies are requested and payment of a deposit for the copies, if any, is
made or terms of payment are agreed upon, send the copies to the
requestor; or
d) Provide a reasonable estimate of when records will be available; or
e) If the request is unclear or does not sufficiently identify the requested
records, request clarification from the requestor. The Public Records
Officer, or designee, may revise the estimate of when records will be
available, or
f) Deny the request and provide explanation.
6.3 Inspection of Records:
The City of Renton will provide a space for persons to inspect public records in the
City Clerk's Office on the 7th floor of Renton City Hall. No member of the public
may remove a document from the viewing area or disassemble or alter any
document. The requestor shall indicate which documents he or she wishes the
City to copy.
Parties wishing to inspect electronic records may be provided copies of the
records on a CD or other storage device or directed to an internet address where
the records can be accessed, or may receive records by email. If a requestor
cannot access records in these ways, the City may provide hard copies, with
applicable fees assessed, or allow a requestor to view copies on an agency
computer.
Public Records Act
P.5
The requestor must make arrangements to claim or review the assembled records
within thirty days of notification that the records are available for inspection or
copying.
If the requestor fails to claim or review the records within the thirty-day period or
make other arrangements, the City may close the request and re-file the
assembled records. In the event the requestor submits a new request for the same
or almost identical records, the public records request process will start over.
6.4 Arranging Production of Records:
After inspection is complete, the Public Records Officer, or designee, shall make
the requested copies or arrange for copying. The requestor shall pay any
applicable deposit prior to copies being made. Full payment for copies must be
received prior to delivery of the requested copies.
6.5 Providing Records in Installments:
When the request is for a large number of records or when a portion of the
responsive records is more readily available than others,the public records officer
or designee may provide access for inspection and copying in installments if he or
she reasonably determines that it would be practical to provide the records in that
way.
If, within thirty days, the requestor fails to inspect the available installments, the
Public Records Officer, or designee, may discontinue his or her search for the
remaining records and close the request.
6.6 Completion of Response to Records Request:
When the search for requested records is complete and all requested records are
provided or made available for inspection,the Public Records Officer, or designee,
will indicate that the City has completed a reasonable search for the requested
records and made any located, non-exempt records available for inspection or has
sent the records to the requestor.
6.7 Closing Withdrawn or Abandoned Requests:
When the requestor either withdraws the request or fails to fulfill his or her
obligation to timely inspect the records or fails to pay the required amount due
for requested copies,the Public Records Officer,or designee,will close the request
and indicate to the requestor that the City has closed the request.
6.8 Later Discovered Documents:
If, after the City has informed the requestor that it has provided the responsive
records, the City becomes aware of additional responsive documents existing at
the time of the request, it will promptly inform the requestor of the additional
Public Records Act
p.6
documents and provide them as soon as possible. However, if the public records
request has been closed, and the requestor desires additional records created or
obtained by the City after the date of the original request, the requestor must
submit a new request.
6.9 Completion of Request:
The City's response to a request shall be deemed completed upon the requestor's
inspection of the records or upon notification that copies of all of the requested
records have been sent electronically or are available for payment and delivery or
pick-up, or that no responsive records exist.
6.10 No Duty to Create New Records:
The City is under no obligation to create a new record to satisfy a records request;
rather, the City must produce existing records for review and copying. Also, the
City is not required to compile information from various records so that
information is in a form that is more useful to the requestor. However, the City
may, at its discretion, create such new records to fulfill the request where the City
deems that method of response more expedient.
6.11 Processing of Public Records Requests—Electronic Records:
The process for requesting electronic records is the same for requesting public
records in hard copy.
When a requestor seeks records in an electronic format, the Public Records
Officer, or designee, will provide the non-exempt records or portions of such
records that are reasonably locatable in an electronic format that is used by the
agency and is generally commercially available, or in a format that is reasonably
translatable from the format in which the agency keeps the record.
The cost of providing electronic records is addressed in WAC 44-14-07003. It
provides in part, "...As with charges for paper copies, "actual cost" is the primary
factor in charging for electronic records. In many cases, the "actual cost" of
providing an existing copy of the record is de minimis. However, if the agency has
a paper only copy of the record and the requestor requests an Adobe Acrobat PDF
copy, the agency incurs an actual cost in scanning the record (if the agency has a
scanner at its offices.)"
6.12 Exemptions:
The Public Records Act provides that a number of types of documents are exempt
from public inspection and copying. In addition, documents are exempt from
disclosure if any "other statute" exempts or prohibits disclosure. Requestors
should take note that there are many exemptions contained outside of the Public
Records Act that may restrict the availability for inspection or release of some
Public Records Act
P.7
documents. Many such exemptions are listed on the City webpage. This list is for
informational purposes only and failure to list an exemption shall not affect the
efficacy of any exemption.
The Public Records Acts does not authorize the City to disclose lists of individuals
for commercial purposes.
6.13 Costs of Providing Copies of Public Records:
There is no fee for inspecting public records, and a requestor may obtain black and
white photocopies at the cost published in the current City of Renton Fee
Schedule. Actual costs of supplies and services are billable, such as DVD/CD,
mailing/packing supplies, online file delivery service, postage, etc.
6.14 Organization of Public Records:
The City finds that maintaining an index as provided in RCW 42.56.070(3) for use
by the public would be unduly burdensome and would interfere with agency
operations given the high volume, various locations and types of public records
received, generated or otherwise acquired by the City.
The City is comprised of numerous departments, their divisions and subdivisions,
many if not all of which maintain separate databases and/or systems for the
indexing of public records, and because each department, its divisions and
subdivisions, maintain records which are diverse and specific to each department,
and because various departments within the City have not historically maintained
the type of index described in RCW 42.56.070(3),the City finds it would be unduly
burdensome, if not physically impossible, to create or maintain either a historical
or a current index of all the City's public records existing since date of
incorporation, as well as the fact that new records are being created every day.
The City Clerk maintains a limited index consisting of ordinances and resolutions
of the City Council, current and historical City Council appointed board and
commission rosters, land use applications, and all contracts, franchises, deeds,
easements, and leases and similar documents.
6.15 Review of Denials of Public Records Requests:
Any person who objects to the initial denial or partial denial of a records request
may petition in writing to the Administrative Services Administrator for a review
of the decision. The petition must include a copy of or shall reasonably identify
the written statement by the Public Records Officer, or designee, denying the
request.
Public Records Act
P.8
The Administrative Services Administrator, or designee,will immediately consider
the petition and either affirm or reverse the denial within two business days
following receipt of the petition, or within such a time as the City and the
requestor mutually agree.
6.16 Departmental Procedures for Handling Public Records Requests (Internal):
If a public records request is received by a department other than the City Clerk's
Office, that department's records coordinator must immediately date stamp the
request the day it was received and forward it to the City Clerk's Office.
There will also be instances when the City Clerk's Office may ask for a
department's assistance in locating or compiling records to fulfill a public records
request. When this occurs, the records coordinator must keep the following in
mind:
a) All records covered by the public records request must be retained,
including any records that may be scheduled for destruction. City staff may
not destroy or otherwise delete covered records until the request is
fulfilled.
b) Any record prepared, owned, used or retained by the City of Renton, and
that concerns City business, is considered a public record and must be
provided to the City Clerk's Office.
c) The definition of "record" is very broad and includes correspondence,
hand-written notes, forms, electronic records (such as email and
databases), research records, visual records such as pictures CD(s) or
videos, audio recordings, etc.
d) Requested records may not be destroyed or altered. This includes records
that exist at the time a public records request is received by the City even
though it may have passed its legal records retention period or is required
to be destroyed by a contract.
e) The City is legally required to identify all responsive records, even those it
might choose to withhold from disclosure under one of the Public Records
Act permissible exemptions. Thus, all records must be collected and sent
to the City Clerk's Office, even those considered confidential or personal,
those an outside party considers confidential (such as a vendor or licensee)
or personal, or those considered covered by the attorney-client privilege.
The City might not release such records if they fall within one of the
exemptions to the Public Records Act, but it must provide the requestor a
redaction log that identifies all records that are partially or wholly exempt.
f) If the requestor seeks a potentially large volume of records,the City Clerk's
Office must be immediately notified so that it may determine a prompt
timeline for collection of the records. The City Clerk's office may explore
Public Records Act
P.9
with the requestor clarifying, narrowing, or prioritizing the request. The
department staff member shall not contact the requestor directly.
g) Certain records may be found in more than one location within the City.
Do not assume that someone else is going to provide records under
departmental or divisional control.
h) When responding to the City Clerk's request for departmental records,
send the records directly to the City Clerk's Office. If the public records
request is sent to multiple departments, do not combine responses with
another department, the City Clerk's Office must receive individual
response from each department to determine whether there are
responsive records from each department.
6.17 Records Request Queues:
Records requests shall be maintained and tracked in record request queues. The
queues shall identify the status of the records requests as "pending," "active," or
completed." The Public Records Officer, or designee, will manage the queues.
6.18 Communications with Requestors:
The City will use its best efforts to provide requestors with accurate and
reasonable estimates of how long it will take to provide records responsive to a
request.
If the City learns additional time is needed to respond to the records request, the
Public Records Officer, or designee, will promptly communicate the need for
additional time to the requestor, inform the requestor of the reason additional
time is required, and provide an estimated new timeframe for records delivery.
6.19 City Employee Responsibilities:
All City employees are responsible for assisting in identifying responsive records
and facilitating thorough collection of records.
The City will provide training to City employees on their obligations under the
Public Records Act, including the responsibility of all employees to retain records
according to the relevant retention schedule.
For most City employees, producing records in response to records requests is a
responsibility assigned in addition to their primary assigned duties and functions.
Public Records Act
p. 10
6.20 Public Records Performance Report:
No later than July 31 of each year, the City Clerk will submit to Council a copy of
the report required to be submitted to the Washington State Joint Legislative
Audit and Review Committee (JLARC) by July 1 of each year.
6.21 Validity:
If any Section, Subsection, sentence, clause, phrase, part or portion of this policy
is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of
this policy.